2637/2017 Suit Tayyaba Motors (Pvt) Ltd. (Plaintiff) V/S Regal Automobiles Industries & another. (Defendant)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
2637/2017 Suit Tayyaba Motors (Pvt) Ltd. (Plaintiff) V/S Regal Automobiles Industries & another. (Defendant) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 17-NOV-22
The only concern of the plaintiff is that at the relevant time no notification was issued, which could identify the establishment of Tribunal if it was operating and functioning at the relevant time under section 16 of ibid Act, when the suit was filed. This is not borne out of the pleadings as no such grounds have been raised at the time of invoking jurisdiction of this Court. It was nowhere alleged that since there is no notification with regard to notifying the tribunal or appointment of presiding officer, therefore, plaintiff was compelled to file this suit. In the absence of such pleadings, it cannot be presumed or assumed that this Court had to exercise the jurisdiction, which jurisdiction otherwise vests with the Tribunal